URGENT: NHTSA Opens investigation into fuel leaks on the E55.
07-23-2012, 10:50 PM
#104
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W211
Class action suit was just filed: W211 Fuel Tank Suit
07-23-2012, 11:42 PM
#105
Yes Mercedes is doing whatever it can to put you and your family at risk by driving these cars. It's of no consequence to them it's customers inhaling noxious fuel vapors on a daily basis. You tell me what car fuel system fails and needs to be replaced in its entirety and also within its own warranty period
07-24-2012, 08:51 AM
#106
Senior Member
Article on LAW.COM
Class action alleges dangerous fuel leaks in Mercedes E-Class models
A lawsuit filed by a class of consumers alleges that Mercedes-Benz USA LLC failed to repair the gasoline tanks and related components in its E-Class models that have caused fuel to leak or vapors to spread inside the cars' cabins.
The suit, filed on July 18 in federal court in Atlanta, cites a 2008 recall of the Mercedes E55 AMG that it alleges failed to repair faulty components. The suit expands the defect allegations to include the E350, E500, E550 and E63 AMG models.
"We believe they all have the same fuel tank," said Neil Goro, an associate at Texas-based Wilmington Rumley Dunn & Ritch, which filed the suit along with Atlanta's Conley Griggs Partin. "We've received complaints from owners with various E-Class vehicles — not just the E55 — and they were all complaining of the same, or very similar, issues with fuel leaks."
Geoff Day, a spokesman for Mercedes and its parent corporation, Daimler A.G., both of which were named in the complaint, declined to comment.
On Jan. 23, the National Highway Traffic Safety Administration opened an investigation into gas leaks in all E55 vehicles for the years 2003-06. The investigation, which is pending, followed the recall of the same models.
"Defendants still have not redesigned and manufactured the fuel tanks free of all defects," the suit alleges. "Owners who have been forced by Defendants to purchase and replace defective gasoline tanks out-of-pocket only received new defective gasoline tanks."
The class includes consumers in Georgia, Texas and Virginia who bought or leased E-Class models from model years 2003 through 2009.
According to the complaint, Ronan McCabe of Tucker, Ga., bought a 2006 Mercedes-Benz E55 AMG on January 24. One day later, he noticed a gas odor coming from the right side rear of the car. He took it to a dealership the following day, where technicians replaced the fuel-sending unit and charged him about $300. On February 3, McCabe noticed that the odor had returned and that gas was leaking from the car. Three days later, technicians replaced the gas tank, fuel-sending units, fuel pump, rings and seals for more than $1,600.
Also according to the complaint, Jon Dustin Stone of Plano, Texas, bought a Mercedes-Benz E63 AMG on July 7, 2011. On January 8, he took his car into a local dealership, where technicians replaced the left-side fuel-sending unit and installed a new seal on the right unit. Stone returned to the dealership 12 days later complaining of a gas odor in the cabin. Technicians found a "material defect" in the new fuel-sending unit, which they replaced. Then, on February 3, Stone returned again after finding a pool of gas under his car in his garage; technicians replaced the entire gas tank.
Minh Vo, of Sterling, Va., purchased a used 2006 Mercedes-Benz E500 on December 15, 2008, and a used 2005 Mercedes-Benz E55 AMG on December 23, 2010, according to the complaint. He took his E55 into a dealership on March 14, 2011, after complaining of gas odor. Technicians replaced one fuel sending unit and two seal rings for $945. Vo has noticed the same odor in his E500.
"They've all actually had leakage and they've had their fuel tanks replaced, and they were replaced with new defective fuel tanks that will again leak," Goro said of the named plaintiffs.
Goro, who works in the firm's San Antonio office, could not say how many consumers could be part of each class in those states, but noted that nationwide more than 300,000 of the cars at issue have been sold.
"This is a huge safety concern," he said. Beside the risk of fire or explosion, exposure to gasoline vapors could cause sickness or other health problems, the suit says.
The suit, which seeks compensatory and punitive damages, asserts violations of the U.S. Magnuson-Moss Warranty Act, the Texas Deceptive Practices Act and the Virginia Consumer Protection Act. Additionally, it alleges unjust enrichment, fraudulent concealment, breach of express warranty and implied warranty of merchantability, and breach of implied covenant of good faith and fair dealing.
Contact Amanda Bronstad at abronstad@alm.com.
Class action alleges dangerous fuel leaks in Mercedes E-Class models
A lawsuit filed by a class of consumers alleges that Mercedes-Benz USA LLC failed to repair the gasoline tanks and related components in its E-Class models that have caused fuel to leak or vapors to spread inside the cars' cabins.
The suit, filed on July 18 in federal court in Atlanta, cites a 2008 recall of the Mercedes E55 AMG that it alleges failed to repair faulty components. The suit expands the defect allegations to include the E350, E500, E550 and E63 AMG models.
"We believe they all have the same fuel tank," said Neil Goro, an associate at Texas-based Wilmington Rumley Dunn & Ritch, which filed the suit along with Atlanta's Conley Griggs Partin. "We've received complaints from owners with various E-Class vehicles — not just the E55 — and they were all complaining of the same, or very similar, issues with fuel leaks."
Geoff Day, a spokesman for Mercedes and its parent corporation, Daimler A.G., both of which were named in the complaint, declined to comment.
On Jan. 23, the National Highway Traffic Safety Administration opened an investigation into gas leaks in all E55 vehicles for the years 2003-06. The investigation, which is pending, followed the recall of the same models.
"Defendants still have not redesigned and manufactured the fuel tanks free of all defects," the suit alleges. "Owners who have been forced by Defendants to purchase and replace defective gasoline tanks out-of-pocket only received new defective gasoline tanks."
The class includes consumers in Georgia, Texas and Virginia who bought or leased E-Class models from model years 2003 through 2009.
According to the complaint, Ronan McCabe of Tucker, Ga., bought a 2006 Mercedes-Benz E55 AMG on January 24. One day later, he noticed a gas odor coming from the right side rear of the car. He took it to a dealership the following day, where technicians replaced the fuel-sending unit and charged him about $300. On February 3, McCabe noticed that the odor had returned and that gas was leaking from the car. Three days later, technicians replaced the gas tank, fuel-sending units, fuel pump, rings and seals for more than $1,600.
Also according to the complaint, Jon Dustin Stone of Plano, Texas, bought a Mercedes-Benz E63 AMG on July 7, 2011. On January 8, he took his car into a local dealership, where technicians replaced the left-side fuel-sending unit and installed a new seal on the right unit. Stone returned to the dealership 12 days later complaining of a gas odor in the cabin. Technicians found a "material defect" in the new fuel-sending unit, which they replaced. Then, on February 3, Stone returned again after finding a pool of gas under his car in his garage; technicians replaced the entire gas tank.
Minh Vo, of Sterling, Va., purchased a used 2006 Mercedes-Benz E500 on December 15, 2008, and a used 2005 Mercedes-Benz E55 AMG on December 23, 2010, according to the complaint. He took his E55 into a dealership on March 14, 2011, after complaining of gas odor. Technicians replaced one fuel sending unit and two seal rings for $945. Vo has noticed the same odor in his E500.
"They've all actually had leakage and they've had their fuel tanks replaced, and they were replaced with new defective fuel tanks that will again leak," Goro said of the named plaintiffs.
Goro, who works in the firm's San Antonio office, could not say how many consumers could be part of each class in those states, but noted that nationwide more than 300,000 of the cars at issue have been sold.
"This is a huge safety concern," he said. Beside the risk of fire or explosion, exposure to gasoline vapors could cause sickness or other health problems, the suit says.
The suit, which seeks compensatory and punitive damages, asserts violations of the U.S. Magnuson-Moss Warranty Act, the Texas Deceptive Practices Act and the Virginia Consumer Protection Act. Additionally, it alleges unjust enrichment, fraudulent concealment, breach of express warranty and implied warranty of merchantability, and breach of implied covenant of good faith and fair dealing.
Contact Amanda Bronstad at abronstad@alm.com.
07-24-2012, 09:03 AM
#108
MBWorld Fanatic!
Class action suit is not always the best way to go as most of the time the lawyers will take most of the money and EVERYONE will settle with pennies, look up Heather Peters vs. Honda
She did it the right way and now everyone can use her case as a citation
She did it the right way and now everyone can use her case as a citation
07-24-2012, 09:08 AM
#109
Member
Unfortunately, Honda won its appeal of Heather's case.
07-24-2012, 09:18 AM
#110
MBWorld Fanatic!
Well I guess the NHTSA is the route for me then...I am not looking to make money from MBs mistakes, I just want the gas leak issues addressed and fixed properly.
07-24-2012, 09:28 AM
#111
MBWorld Fanatic!
Nhtsa is the way to go not lawyers just was making a point that a class action suit will only make the lawyers make money and leave the people with a problem and maybe a couple hundred bucks
07-24-2012, 10:28 AM
#113
Article on LAW.COM
Class action alleges dangerous fuel leaks in Mercedes E-Class models
A lawsuit filed by a class of consumers alleges that Mercedes-Benz USA LLC failed to repair the gasoline tanks and related components in its E-Class models that have caused fuel to leak or vapors to spread inside the cars' cabins.
The suit, filed on July 18 in federal court in Atlanta, cites a 2008 recall of the Mercedes E55 AMG that it alleges failed to repair faulty components. The suit expands the defect allegations to include the E350, E500, E550 and E63 AMG models.
"We believe they all have the same fuel tank," said Neil Goro, an associate at Texas-based Wilmington Rumley Dunn & Ritch, which filed the suit along with Atlanta's Conley Griggs Partin. "We've received complaints from owners with various E-Class vehicles — not just the E55 — and they were all complaining of the same, or very similar, issues with fuel leaks."
Geoff Day, a spokesman for Mercedes and its parent corporation, Daimler A.G., both of which were named in the complaint, declined to comment.
On Jan. 23, the National Highway Traffic Safety Administration opened an investigation into gas leaks in all E55 vehicles for the years 2003-06. The investigation, which is pending, followed the recall of the same models.
"Defendants still have not redesigned and manufactured the fuel tanks free of all defects," the suit alleges. "Owners who have been forced by Defendants to purchase and replace defective gasoline tanks out-of-pocket only received new defective gasoline tanks."
The class includes consumers in Georgia, Texas and Virginia who bought or leased E-Class models from model years 2003 through 2009.
According to the complaint, Ronan McCabe of Tucker, Ga., bought a 2006 Mercedes-Benz E55 AMG on January 24. One day later, he noticed a gas odor coming from the right side rear of the car. He took it to a dealership the following day, where technicians replaced the fuel-sending unit and charged him about $300. On February 3, McCabe noticed that the odor had returned and that gas was leaking from the car. Three days later, technicians replaced the gas tank, fuel-sending units, fuel pump, rings and seals for more than $1,600.
Also according to the complaint, Jon Dustin Stone of Plano, Texas, bought a Mercedes-Benz E63 AMG on July 7, 2011. On January 8, he took his car into a local dealership, where technicians replaced the left-side fuel-sending unit and installed a new seal on the right unit. Stone returned to the dealership 12 days later complaining of a gas odor in the cabin. Technicians found a "material defect" in the new fuel-sending unit, which they replaced. Then, on February 3, Stone returned again after finding a pool of gas under his car in his garage; technicians replaced the entire gas tank.
Minh Vo, of Sterling, Va., purchased a used 2006 Mercedes-Benz E500 on December 15, 2008, and a used 2005 Mercedes-Benz E55 AMG on December 23, 2010, according to the complaint. He took his E55 into a dealership on March 14, 2011, after complaining of gas odor. Technicians replaced one fuel sending unit and two seal rings for $945. Vo has noticed the same odor in his E500.
"They've all actually had leakage and they've had their fuel tanks replaced, and they were replaced with new defective fuel tanks that will again leak," Goro said of the named plaintiffs.
Goro, who works in the firm's San Antonio office, could not say how many consumers could be part of each class in those states, but noted that nationwide more than 300,000 of the cars at issue have been sold.
"This is a huge safety concern," he said. Beside the risk of fire or explosion, exposure to gasoline vapors could cause sickness or other health problems, the suit says.
The suit, which seeks compensatory and punitive damages, asserts violations of the U.S. Magnuson-Moss Warranty Act, the Texas Deceptive Practices Act and the Virginia Consumer Protection Act. Additionally, it alleges unjust enrichment, fraudulent concealment, breach of express warranty and implied warranty of merchantability, and breach of implied covenant of good faith and fair dealing.
Contact Amanda Bronstad at abronstad@alm.com.
Class action alleges dangerous fuel leaks in Mercedes E-Class models
A lawsuit filed by a class of consumers alleges that Mercedes-Benz USA LLC failed to repair the gasoline tanks and related components in its E-Class models that have caused fuel to leak or vapors to spread inside the cars' cabins.
The suit, filed on July 18 in federal court in Atlanta, cites a 2008 recall of the Mercedes E55 AMG that it alleges failed to repair faulty components. The suit expands the defect allegations to include the E350, E500, E550 and E63 AMG models.
"We believe they all have the same fuel tank," said Neil Goro, an associate at Texas-based Wilmington Rumley Dunn & Ritch, which filed the suit along with Atlanta's Conley Griggs Partin. "We've received complaints from owners with various E-Class vehicles — not just the E55 — and they were all complaining of the same, or very similar, issues with fuel leaks."
Geoff Day, a spokesman for Mercedes and its parent corporation, Daimler A.G., both of which were named in the complaint, declined to comment.
On Jan. 23, the National Highway Traffic Safety Administration opened an investigation into gas leaks in all E55 vehicles for the years 2003-06. The investigation, which is pending, followed the recall of the same models.
"Defendants still have not redesigned and manufactured the fuel tanks free of all defects," the suit alleges. "Owners who have been forced by Defendants to purchase and replace defective gasoline tanks out-of-pocket only received new defective gasoline tanks."
The class includes consumers in Georgia, Texas and Virginia who bought or leased E-Class models from model years 2003 through 2009.
According to the complaint, Ronan McCabe of Tucker, Ga., bought a 2006 Mercedes-Benz E55 AMG on January 24. One day later, he noticed a gas odor coming from the right side rear of the car. He took it to a dealership the following day, where technicians replaced the fuel-sending unit and charged him about $300. On February 3, McCabe noticed that the odor had returned and that gas was leaking from the car. Three days later, technicians replaced the gas tank, fuel-sending units, fuel pump, rings and seals for more than $1,600.
Also according to the complaint, Jon Dustin Stone of Plano, Texas, bought a Mercedes-Benz E63 AMG on July 7, 2011. On January 8, he took his car into a local dealership, where technicians replaced the left-side fuel-sending unit and installed a new seal on the right unit. Stone returned to the dealership 12 days later complaining of a gas odor in the cabin. Technicians found a "material defect" in the new fuel-sending unit, which they replaced. Then, on February 3, Stone returned again after finding a pool of gas under his car in his garage; technicians replaced the entire gas tank.
Minh Vo, of Sterling, Va., purchased a used 2006 Mercedes-Benz E500 on December 15, 2008, and a used 2005 Mercedes-Benz E55 AMG on December 23, 2010, according to the complaint. He took his E55 into a dealership on March 14, 2011, after complaining of gas odor. Technicians replaced one fuel sending unit and two seal rings for $945. Vo has noticed the same odor in his E500.
"They've all actually had leakage and they've had their fuel tanks replaced, and they were replaced with new defective fuel tanks that will again leak," Goro said of the named plaintiffs.
Goro, who works in the firm's San Antonio office, could not say how many consumers could be part of each class in those states, but noted that nationwide more than 300,000 of the cars at issue have been sold.
"This is a huge safety concern," he said. Beside the risk of fire or explosion, exposure to gasoline vapors could cause sickness or other health problems, the suit says.
The suit, which seeks compensatory and punitive damages, asserts violations of the U.S. Magnuson-Moss Warranty Act, the Texas Deceptive Practices Act and the Virginia Consumer Protection Act. Additionally, it alleges unjust enrichment, fraudulent concealment, breach of express warranty and implied warranty of merchantability, and breach of implied covenant of good faith and fair dealing.
Contact Amanda Bronstad at abronstad@alm.com.
07-24-2012, 11:16 AM
#114
MBWorld Fanatic!
YES! Were FINALLY making progress! Publicity, and good lawsuit claims, I even noticed two of my complaints listed in the part where they listed NHTSA complaints. If anybody wants my story for any reason, ask me! I want everyone to know that It gets so bad as to cause head aches and burns your nostrils and throat, just from parking in a garage over night. Sad thing is, to put it in perspective, I have an over sized 3 car garage, and it FILLED with fumes in a matter or 12 hours. My mom smokes too, I am glad she didn't come into the garage and light up before hand.. I don't know what I would do if this caused my garage to ignite.. My garage is basically my life, in fact its not even a garage to me. I have some TVs out here, some Xboxs, two sofas, a few computers, tools, radio with speakers everywhere, workbenches, LED lights for partys and such, I mean its like a home away from home to me.. Hence the car sitting out side at night. In fact, because of the gas issue, we had to park outside, where my hood emblem got ripped off! Mercedes should cover that too.. *******s
07-24-2012, 11:52 AM
#116
YES! Were FINALLY making progress! Publicity, and good lawsuit claims, I even noticed two of my complaints listed in the part where they listed NHTSA complaints. If anybody wants my story for any reason, ask me! I want everyone to know that It gets so bad as to cause head aches and burns your nostrils and throat, just from parking in a garage over night. Sad thing is, to put it in perspective, I have an over sized 3 car garage, and it FILLED with fumes in a matter or 12 hours. My mom smokes too, I am glad she didn't come into the garage and light up before hand.. I don't know what I would do if this caused my garage to ignite.. My garage is basically my life, in fact its not even a garage to me. I have some TVs out here, some Xboxs, two sofas, a few computers, tools, radio with speakers everywhere, workbenches, LED lights for partys and such, I mean its like a home away from home to me.. Hence the car sitting out side at night. In fact, because of the gas issue, we had to park outside, where my hood emblem got ripped off! Mercedes should cover that too.. *******s
07-24-2012, 12:17 PM
#118
MBWorld Fanatic!
I guess I should that I also have a security system then too. I even covered all the windows at eye level with snow like spray or signs, unless the windows are facing my house. I haven't had any robbery's before, so I don't see it being a problem. Not to mention I can see our Police Department from our second story windows. There's always cops around my block so theft isn't really a problem here. I have even had some cops stop by and comment on my garage because of the flashing lights. Anyways, back on topic, Would I be able to help calling lawyers involved in this matter even though I am not in the states listed in the lawsuit?
07-24-2012, 12:25 PM
#119
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2003 E55 AMG
I guess I should that I also have a security system then too. I even covered all the windows at eye level with snow like spray or signs, unless the windows are facing my house. I haven't had any robbery's before, so I don't see it being a problem. Not to mention I can see our Police Department from our second story windows. There's always cops around my block so theft isn't really a problem here. I have even had some cops stop by and comment on my garage because of the flashing lights. Anyways, back on topic, Would I be able to help calling lawyers involved in this matter even though I am not in the states listed in the lawsuit?
07-24-2012, 01:12 PM
#120
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07-24-2012, 01:21 PM
#121
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Eurocharged 2004 E500, Eurocharged ECU/TCU 2005 SL600, 2010 Caddy SwaggerWagon
It may be a good idea for those intimately involved to not post a play-by-play of what's happening between them and the attorney(s) that's heading up the suit.
I'd think general updates are ok, but it's not helping anyone if details get leaked here or any other public domain. Not singling anyone out, just a thought....
I'd think general updates are ok, but it's not helping anyone if details get leaked here or any other public domain. Not singling anyone out, just a thought....
07-24-2012, 02:04 PM
#124
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'19 G63 Ed 1,'18 M5, '16 G63,'12 458 , '11 E63, Brabus SL55-K8, '10 S63, '94 E500 "Wolf", '91 560SEC
I still fail to see what the hell they performed during the 2008 recall. Hoping Mercedes has to pay for this mistake dearly.
Also, Mercedes claim that fuel can't enter the passenger compartment is complete BS. That was the main reason I kept driving my car even while smelling gas, thinking that it can't get to the passenger area.
Low and behold when I removed the rear seat the foam underneath including insulation was soaked in gas. My leak was so bad that gas was coming past those access covers.
Last edited by abhatti55; 07-24-2012 at 02:11 PM.
07-24-2012, 02:07 PM
#125
MBWorld Fanatic!
From what I have seen/heard, there were more than a few ways Mercedes carried out the recall. Some got new gaskets, others fuel senders. Abhatti55, even when you fill up all the way there is no smell, or gas under the cap in the back seat?
